New York-Staten Island-1163 Forest Avenue Lease - Frank Cretella and TAM Restaurant Holding Corp.
COMMERCIAL LEASE
THIS LEASE is made on the 1st day of October 1996.
The Landlord hereby agrees to lease to the Tenant, and the Tenant hereby agrees
to hire and take from the Landlord, the Leased Premises described below pursuant
to the terms and conditions specified herein:
LANDLORD: Frank Cretella TENANT(S): TAM RESTAURANT Holding Corp.
Address: 81 Sharrots Road Address: 1163 Forest Avenue
Staten Island, NY 10309 Staten Island, NY 10310
1. Leased Premises. The Leased Premises are those premises described as:
Approximately 2500 sq. ft. of office space located at 1163 Forest
Avenue, Staten Island, NY 10310.
2. Term. The term of the Lease shall be for a period of 5 1/4 year(s) commencing
on the 1st day of October, 1996 ending on the 31st day of Dec., 2001 unless
sooner terminated as hereinafter provided. If Tenant remains in possession of
the Leased Premises with the written consent of the Landlord after the lease
expiration date stated above, this Lease will be converted to a month-to-month
Lease and each party shall have the right to terminate the Lease by giving at
least one months' prior written notice to the other party.
3. Rent. The Tenant agrees to pay the ANNUAL RENT of Thirty Seven Thousand Five
Hundred Dollars ($37,500) payable in equal installments $3,125 in advance on the
first day of each and every calendar month during the full term of this Lease.
4. [DELETED] See Addendum # 1
5. Security Deposit. The sum of Six Thousand Two Hundred Fifty Dollars ($6,250)
is deposited by the Tenant with the Landlord as security for the faithful
performance of all the covenants and conditions of the lease by the said Tenant.
If the Tenant faithfully performs all the covenants and conditions on his part
to be performed, then the sum deposited shall be returned to the Tenant.
6. Delivery of Possession. If for any reason the Landlord cannot deliver
possession of the leased property to the Tenant when the lease term commences,
this Lease shall not be void or voidable, nor shall the Landlord be liable to
the Tenant for any loss or damage resulting therefrom. However, there shall be
an abatement of rent for the period between the commencement of the lease term
and the time when the Landlord delivers possession.
7. Use of Leased Premises. The Leased Premises may be used only for the
following purpose:
All legal clerical and administrative purposes.
8. Utilities. Except as specified below, the Tenant shall be responsible for all
utilities and services that are furnished to the Leased Premises. The
application for and connecting of utilities, as well as all services, shall be
made by and only in the name of the Tenant: (List exceptions, if any)
None
9. Condition of Leased Premise; Maintenance and Repair. The Tenant acknowledges
that the Leased Premises are in good order and repair. The Tenant agrees to take
good care of and maintain the Leased Premises in good condition throughout the
term of the Lease.
The Tenant, at his expense, shall make all necessary repairs and replacements to
the Leased Premises, including the repair and replacement of pipes, electrical
wiring, heating and plumbing systems, fixtures and all other systems and
appliances and their appurtenances. The quality and class of all repairs and
replacements shall be equal to the original worth. If Tenant defaults in making
such repairs or replacements, Landlord may make them for Tenant's account, and
such expenses will be considered additional rent.
10. Compliance with Laws and Regulations. Tenant, at its expense, shall promptly
comply with all federal, state, and municipal laws, orders, and regulations, and
with all lawful directives of public officers, which impose any duty upon it or
Landlord with respect to the Leased Premises. The Tenant at its expense, shall
obtain all required licenses or permits for the conduct of its business within
the terms of this lease, or for the making of repairs, alterations,
improvements, or additions. Landlord, when necessary, will join with the Tenant
in applying for all such permits or licenses.
11. Alterations and Improvements. Tenant shall not make any alterations,
additions, or improvements to, or install any fixtures on, the Leased Premises
without Landlord's prior written consent. If such consent is given, all
alterations, additions, and improvements made, and fixtures installed, by Tenant
shall become Landlord's
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property upon the expiration or sooner termination of this Lease. Landlord may,
however, require Tenant to remove such fixtures, at Tenant's cost, upon the
termination hereof.
12. Assignment/Subletting Restrictions. Tenant may not assign this agreement or
sublet the Leased Premises without the prior written consent of the Landlord.
Any assignment. sublease or other purported license to use the Leased Premises
by Tenant without the Landlord's consent shall be void and shall (at Landlord's
option) terminate this Lease.
13. Insurance.
(i) [DELETED] See Addendum # 2
(ii) By Tenant. Tenant shall, at its expense, during the term
hereof, maintain and deliver to Landlord public liability and property damage
and plate glass insurance policies with respect to the Leased Premises. Such
policies shall name the Landlord and Tenant as insureds, and have limits of at
least $1 million for injury or death to any one person and $3 million for any
one accident, and $_____________ with respect to damage to property and with
full coverage for plate glass. Such policies shall be in whatever form and with
such insurance companies as are reasonably satisfactory to Landlord, shall name
the Landlord as additional insured, and shall provide for at least ten days'
prior notice to Landlord of cancellation.
14. Indemnification of Landlord. Tenant shall defend, indemnify, and hold
Landlord harmless from and against any claim, loss, expense or damage to any
person or property in or upon the Leased Premises, arising out of Tenant's use
or occupancy of the Leased Premises, or arising out of any act or neglect of
Tenant or its servants, employees, agents, or invitees.
15. Condemnation. If all or any part of the Leased Premises is taken by eminent
domain, this lease shall expire on the date of such taking, and the rent shall
be apportioned as of that date. No part of any award shall belong to Tenant.
16. Destruction of Premises. If the building in which the Leased Premises is
located is damaged by fire or other casualty, without Tenant's fault, and the
damage is so extensive as to effectively constitute a total destruction of the
property or building, this Lease shall terminate and the rent shall be
apportioned to the time of the damage. In all other cases of damage without
Tenant's fault, Landlord shall repair the damage with reasonable dispatch, and
if the damage has rendered the Leased Premises wholly or partially untenantable,
the rent shall be apportioned until the damaged is repaired. In determining what
constitutes reasonable dispatch, consideration shall be given to delays caused
by strikes, adjustment of insurance, and other causes beyond the Landlord's
control.
17. Landlord's Rights upon Default. In the event of any breach of this lease by
the Tenant, which shall not have been cured within TEN (10) DAYS, then the
Landlord, besides other rights or remedies it may have, shall have the immediate
right of reentry and may remove all persons and property from the Leased
Premises; such property may be removed and stored in a public warehouse or
elsewhere at the cost of, and for the account of, the Tenant. If the Landlord
elects to reenter as herein provided, or should it take possession pursuant to
any notice provided for by law, it may either terminate this Lease or may, from
time to time, without terminating this lease, relet the Leased Premises or any
part thereof, for such term or terms and at such rental or rentals and upon such
other terms and conditions as the Landlord in Landlord's own discretion may deem
advisable. Should rentals received from such reletting during any month be less
than that agreed to be paid during the month by the Tenant hereunder, the Tenant
shall pay such deficiency to the Landlord monthly. The Tenant shall also pay to
the Landlord, as soon as ascertained, the cost and expenses incurred by the
Landlord in such reletting.
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18. Quiet Enjoyment. The Landlord agrees that if the Tenant shall pay the rent
as aforesaid and perform the covenants and agreements herein contained on its
part to be performed, the Tenant shall peaceably hold and enjoy the said rented
premises without hindrance or interruption by the Landlord or by any other
person or persons acting under or through the Landlord.
19. Landlord's Right to Enter. Landlord may, at reasonable times, enter the
Leased Premises to inspect it, to make repairs or alterations, and to show it to
potential buyers, lenders or tenants.
20. Surrender upon Termination. At the expiration of the lease term the Tenant
shall surrender the leased property in as good condition as it was in at the
beginning of the term, reasonable use and wear excepted.
21. Subordination. This lease, and the Tenant's leasehold interest, is and shall
be subordinate, subject and inferior to any and all liens and encumbrances now
and thereafter placed on the Leased Premises by Landlord, any and all extensions
of such liens and encumbrances and all advances paid under such liens and
encumbrances.
22. Additional Provisions:
Rent shall increase by 1.5% starting Jan. 1, 1998 and every January
1st thereafter for the term of this lease. See attached schedule.
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23. Miscellaneous Terms.
(i) Notices. Any notice, statement, demand or other communication by one
party to the other, shall be given by personal delivery or by mailing the same,
postage prepaid, addressed to the Tenant at the premises, or to the Landlord at
the address set forth above.
(ii) Severability. If any clause or provision herein shall be adjudged
invalid or unenforceable by a court of competent jurisdiction or by operation of
any applicable law, it shall not affect the validity of any other clause or
provision, which shall remain in full force and effect.
(iii) Waiver. The failure of either party to enforce any of the provisions
of this lease shall not be considered a waiver of that provision or the right of
the party to thereafter enforce the provision.
(iv) Complete Agreement. This Lease constitutes the entire understanding of
the parties with respect to the subject matter hereof and may not be modified
except by an instrument in writing and signed by the parties.
(v) Successors. This Lease is binding on all parties who lawfully succeed to
the rights or take the place of the Landlord or Tenant.
IN WITNESS WHEREOF the parties have set their hands and seals on this 1st
day of October, 1996.
/s/ Frank Cretella /s/ John Amodio
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Landlord or Landlord's Authorized Agent Tenant TAM RESTAURANT HOLDING CORP.
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TAM Holding Corp.
1163 Forest Avenue
Staten Island, NY 10310
October 1, 1996
ADDENDUM #1
Tenant is responsible for 100% of real estate tax in base year as well as every
year for the term of this lease and any extension or renewal. Landlord will bill
tenant in writing for such additional rent.
ADDENDUM #2
Tenant shall at all times during the term of this Lease, at its expense, insure
and keep in effect on the building in which the Leased Premises is located fire
insurance with extended coverage. The Tenant shall not permit any use of the
Leased Premises which will make voidable any insurance on the property of which
the Leased Premises are a part, or on the contents of said property or which
shall be contrary to any law or regulation from time to time established by the
applicable fire insurance rating association.
The dollar amount for the above-mentioned insurance shall be for replacement
costs or $400,000 which ever is greatest.
10/1/96
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/s/ Frank Cretella /s/ John J. Amodio
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Frank E. Cretella John J. Amodio, President
TAM Restaurant Holding Corp.
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TAM Holding Corp.
1163 Forest Avenue
Staten Island, NY 10310
RENT SCHEDULE
MONTHLY YEARLY
January 1, 1997 $3,125.00 $37,500.00
January 1, 1998 3,171.85 38,062.50
January 1, 1999 3,219.45 38,633.45
January 1, 2000 3,267.75 39,213.00
January 1, 2001 3,316.75 39,801.00
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